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US comedian, actor and writer, Jerry Seinfeld, gestures, as he presents his newly created comedy-reality format "The marriage ref." during the 25th MIPCOM (International Film and Programme Market for TV, Video,Cable and Satellite) in Cannes, southeastern France, Monday, Oct. 5, 2009.
US comedian, actor and writer, Jerry Seinfeld, gestures, as he presents his newly created comedy-reality format “The marriage ref.” during the 25th MIPCOM (International Film and Programme Market for TV, Video,Cable and Satellite) in Cannes, southeastern France, Monday, Oct. 5, 2009.
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NEW YORK — A judge has thrown out a lawsuit by a cookbook author who accused Jerry Seinfeld of hurting her reputation by mocking her on national television.

In a ruling filed with the court Friday, state Justice Marcy Friedman said it was clear the comedian was joking when he called author Missy Chase Lapine a “wacko” during an appearance on the “Late Show With David Letterman” in 2007.

The judge said Seinfeld also has a constitutional right to express his opinion.

The lawsuit stemmed from a legal battle in which Lapine accused Seinfeld’s wife, Jessica, of stealing her idea for a book on how to get children to eat healthy. Both women had published their books that year. The case became tabloid fodder, and Seinfeld addressed it on Letterman with a heaping of ridicule. The Associated Press

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